Waiving Our Rights: The Personal Data Collection Complex and Its Threat to Privacy and Civil LibertiesThe United States is not a police state, but Congress is subject to special interests lobbying in pursuit of abusive commercial practices that leave a lot to be desired for transparency and accountability. It is illegal to data-mine personal files held by government agencies, schools and universities, or medical facilities. It is illegal to collect and publish defamatory gossip and hearsay about private citizens. But it is legal to oblige Americans to “waive” their rights to privacy and their right to sue for invasion of privacy for defamation by anonymous third-parties in order to receive essential services or apply for employment. Americans are obliged to “waive” their rights in essentially all applications for employment, credit, housing, public utilities, telephone or mobile phone service, internet access, and even cable TV connection. The law requires “notice and consent” whenever such waivers are included in employment applications, but consumer reporting agencies have learned to use deceptive methods to avoid drawing the attention of applicants to the meaning and consequence of such language. Recent law dispenses with “notice and consent” for private-eye quasi-criminal investigations of “suspected misconduct” by an employee altogether. In effect, this bypasses "probable cause," "innocent until proven guilty," the "right to know the nature of an accusation," the "right to confront witnesses," the "rule against double jeopardy," and the "right to sue for defamation, and/or interference with employment." Orlan Lee questions the validity of any such "waivers," and seeks to alert Americans to the need to protect their fundamental rights. |
Contents
Chapter 1 What Ever Became of the Fourth Fifth and Sixth Amendments? | 1 |
Chapter 2 From Collecting and Transmitting Credit Information To Assessing Attitude Motivation and Behavior | 57 |
Chapter 3 Arbitrary and Capricious Standards Will Be Used Arbitrarily and Capriciously | 111 |
Chapter 4 Validity of Voluntary Waiver of Basic Rights in Employment and Financial Transactions | 148 |
Chapter 5 Making a Mockery of Liberty of Contract | 191 |
Chapter 6 Can Congress Authorize a Secret Proprietary Masterfile on Every American? | 207 |
Afterword The New Frontier of Civil Liberties Mandatory Voluntary Waivers of Civil and Constitutional Rights | 231 |
Appendix A A Liberal American University Goes Over to Lifetime Surveillance | 246 |
Appendix B InfoLinks List of FederalStateCourtCredit Bureau Files Searches with Their Descriptions | 249 |
Appendix C Consent to Ongoing Surveillance by Mobile Phone Operators Public Utilities Companies TV Cable Companies Internet Service Providers | 252 |
The Author | 259 |
| 260 | |
| 265 | |
Index of Statutes | 267 |
Other editions - View all
Waiving Our Rights: The Personal Data Collection Complex and Its Threat to ... Orlan Lee Limited preview - 2012 |
Waiving Our Rights: The Personal Data Collection Complex and Its Threat to ... Orlan Lee No preview available - 2013 |
Common terms and phrases
admission agreement American Anastaplo applicant’s arbitration associates authorization background checking character and fitness ChoicePoint cited civil and constitutional claims Colgate University Committee companies confidential confirm Congress constitutional rights consumer reporting agencies contract convictions Cooley Law School CRA vendor credit reporting criminal data collection industry decision defamation defined disclosure due process employer employment application Equifax FACTA Fair Credit Reporting FCRA federal files financial services firm first gossip and hearsay hiring homeowners individual interviews investigative consumer report Italics added Jersey Supreme Court job applicant legislation liability mandatory voluntary waivers masterfile ment misconduct NCBE neighbors Nextel office official one’s outsourcing PayPal personal data collection pre-employment screening Privacy Act private sector professional protection recruitment assessment recruitment screening references reputation require retrieved Schware secret Sixth Amendment specifically statutory sumer third party tion Twin Rivers U.S. Supreme Court United University violation waive workplace